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Mining

West Virginia Highlands Conservancy v. Norton

A district court holds that it lacks jurisdiction to enforce state law in an environmental group's Surface Mining Control and Reclamation Act (SMCRA) citizen suit against a state environmental agency and claiming that the state...

Bragg v. West Virginia Coal Ass'n

The court holds that the doctrine of sovereign immunity bars citizens from bringing suit against West Virginia state officials in federal court to enjoin the state from granting mountaintop mining permits. Citizens brought suit against...

In re Int'l Union, United Mine Workers of Am.

The court denies a union's request to compel the U.S. Department of Labor to promulgate an emergency temporary standard to protect mine workers from exposure to respirable coal mine dust. The court first holds that the union failed to...

Bragg v. Robertson

The court accepts and enters a consent decree between a citizen group and West Virginia's environmental agency that commits the agency to strengthen the application and oversight of the state's surface coal mining program authorized...

Save Our Little Vermillion Env't v. Illinois Cement Co.

The court holds that although an environmental group possesses certain subsurface ownership rights to a property, a cement company that possesses the property's surface rights owns limestone on and under the surface of the property....

United States v. Shumway

The court reverses a district court summary judgment decision that ordered the owners of unpatented mill site claims in the Tonto National Forest in Arizona to remove themselves and all their things from the sites and to restore the...

Moore v. State

The court holds that the Alaska mining commissioner permissibly nullified the mining rights acquired by a mining claims locator on state-selected federal lands. The court first holds that the commissioner did not err in finding that the...

Cyprus Emerald Resources Corp. v. Federal Mine Safety & Health Review Comm'n

The court holds that the Federal Mine Safety and Health Act (FMSHA) did not authorize the Federal Mine Safety & Health Review Commission's (FMSHRC's) issuance of a significant and substantial finding to a mine for failure to comply...

Rith Energy, Inc. v. United States

The court holds that the Office of Surface Mining Reclamation and Enforcement's (OSM's) denial of a surface mining permit to a company was not a taking. The company's mining plan would invade the rock strata overlying an aquifer that...

National Mining Ass'n v. Department of the Interior

The court upholds some provisions and strikes down other provisions of an Office of Surface Mining Reclamation and Enforcement (OSM) interim final rule that required a surface mining permit applicant to disclose all environmental...